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BUCHANAN v. STATE

No. 62343.

335 P.3d 207 (2014)

Abron Marcus BUCHANAN, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

October 2, 2014.

Attorney(s) appearing for the Case

Philip J. Kohn , Public Defender, and Sharon G. Dickinson , Deputy Public Defender, Clark County, for Appellant.

Catherine Cortez Masto , Attorney General, Carson City; Steven B. Wolfson , District Attorney, Steven S. Owens , Chief Deputy District Attorney, and Jacob J. Villani , Deputy District Attorney, Clark County, for Respondent.

BEFORE HARDESTY, DOUGLAS and CHERRY, JJ.

OPINION

By the Court, DOUGLAS, J.:

In this opinion, we address whether, after a district court grants an evidentiary hearing on a pretrial motion to strike a jury venire, it is structural error to deny that motion before completing the evidentiary hearing. We hold that it is.

FACTS AND PROCEDURAL HISTORY

Buchanan was charged with burglary, robbery, and abuse or neglect of an older person. Upon seeing the jury venire enter...

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